Mayor Zach Patterson returned to questions about interpreting city law and complying with state law, suggesting at a work session Monday that McComb’s city board consider requesting an evaluation of the city’s special charter and civil service policies and procedures.
The suggestion follows a number of disputes over city proceedings in the past year, from the role of the city administrator to the mayor’s supervising authority.
On Monday, it followed discussion on an agenda item concerning the appointment of two police officers to the position of sergeant, which City Administrator Jim Storer said had not been recommended through civil service guidelines.
“When I started here on March 13, one of my methods of becoming indoctrinated into the way the city did business was to meet with every departmental chairman,” Storer said, explaining the lapse. “Chief Hughes told me, ‘I have been waiting three months for a list of people that can be promoted to the position of sergeant.’ He said it was crucial to the department that they were not able to get a list of those people who were eligible for promotion.”
Storer said he’d been told this was the result of a stalemate between the only two active members of the city’s civil service commission at the time, and that Hughes told him it “was having an effect on the proper functioning of the department.”
“The city’s safety and welfare is in large part controlled by the police department and the fire department,” Storer said. “I have to take the word that if the police chief says that the functioning of the department is impaired,” the city should act.
Storer said he took responsibility for the skipped step, adding that he felt it was inappropriate that the civil service commission have such an impact on law enforcement.
“For that reason, I didn’t fret over whether the civil service commission had completed their work,” Storer said.
But Selectman Wade Lamb asked about other police officers whose eligibility had not been determined and may have been left out.
“What are we supposed to do in a situation like this from a legal standpoint?” asked Lamb.
“Technically, they should have been allowed to be on the list,” City Attorney John H. “Bubber” White responded. “Though there’s a possibility because of the emergency that they could appoint.”
“What I don’t want to do is set a precedence on how we do it this time versus how we’re going to do it next year,” Selectman Danny Esch added.
Patterson said the episode was further proof of the need to evaluate the soundness of city boards and commissions before decisions were due.
“When it gets to legal matters,” Patterson said,“we should ask for a written opinion from the city attorney.”
Patterson added that the civil service commission had not been properly instructed on how to carry out the city’s business.
“This is not an indictment on anyone, it’s just a statement of fact,” he said. “The rules have been inconsistently applied across the board. … It’s an indictment of us on this board. One of my first charges to them would be to update and amend the civil service manual. … Show me one time where it’s been amended since it was drafted. How does that make sense trying to make employment decisions when the whole business of police and law enforcement has changed?”
“I don’t disagree with you one bit,” Lamb replied. “But how do we avoid breaking a law today?”
“We take into consideration that we’ve sat here for X amount of years, and we use common sense and judgement,” Patterson said. “To not (just) follow the letter of the law but also the spirit and intent of the law, so when a situation presents itself we have to use good judgement until such time as we can go back and correct our shortcomings.”
Selectman Danny Esch, meanwhile, asked if there were civil service manuals in other municipalities that could be used as a model.
Patterson replied that there were not “consistent rules” across the state.
“Not even from the fire academy?” Lamb asked.
“It doesn’t exist,” Patterson responded.
Patterson then urged the board to discuss personnel matters related to the promotion of officers in executive session, and told the board they would have to take things “case by case until we have an updated civil service manual.”
“I think we need to limp along until we get this thing figured out,” Patterson said. “It’s not because those men and women that serve on those boards are trying to cause problems. They just don’t know what to do.”to update and amend the civil service manual. … Show me one time where it’s been amended since it was drafted. How does that make sense trying to make employment decisions when the whole business of police and law enforcement has changed?”
“I don’t disagree with you one bit,” Lamb replied. “But how do we avoid breaking a law today?”
“We take into consideration that we’ve sat here for X amount of years and we use common sense and judgement,” Patterson said. “To not follow the letter of the law but also the spirit and intent of the law, so when a situation presents itself we have to use good judgement until such time as we can go back and correct our shortcomings.”
Selectman Danny Esch, meanwhile, asked if there were civil service manuals in other municipalities that could be used as a model.
Patterson replied that there were not “consistent rules” across the state.
“Not even from the fire academy?” Lamb asked.
“It doesn’t exist,” Patterson responded.
Patterson then urged the board to discuss personnel matters related to the promotion of officers in executive session, and told the board they would have to take things “case by case until we have an updated civil service manual.”
“I think we need to limp along until we get this thing figured out,” Patterson said. “It’s not because those men and women that serve on those boards are trying to cause problems. They just don’t know what to do.”
